Minimum Restricted Cash. (i) Until such time as the lawsuit captioned Donna Fredrickson vs. Olsten Health Services Corp. and Olsten Corp. ix xxxxxx xxxxxxx to a final and unappealable judgment and/or the parties to such lawsuit have reached a final and legally binding settlement agreement, and any and all amounts under any such judgment and/or settlement have been paid, the Company and its Consolidated Subsidiaries shall maintain restricted cash in an amount equal to Thirty-Five Million Dollars ($35,000,000.00).
(ii) Until such time as the Company and its Consolidated Subsidiaries shall have reached a final and legally binding settlement with CMMS regarding the interest-free loan provided by CMMS to the Company and/or its Consolidated Subsidiaries in connection with the transition from the IPS system of payments under Medicare to the PPS system of payments under Medicare, and any and all such amounts under such settlement have been paid, the Company and its Consolidated Subsidiaries shall maintain restricted cash in an amount equal to Twenty-One Million Dollars ($21,000,000.00). TABLE OF CONTENTS Page
SECTION 1. CREDIT FACILITY.....................................1 1.1 Revolving Credit Loans.......................................1 1.2 Use of Proceeds..............................................2 1.3 Letters of Credit; LC Guaranties.............................2 SECTION 2. INTEREST, FEES AND CHARGES..........................3 2.1 Interest.....................................................3 2.2 Computation of Interest and Fees.............................6 2.3 Commitment Fee...............................................6 2.4 Letter of Credit and LC Guaranty Fees........................6 2.5 Unused Line Fee..............................................7 2.6 Administrative Agent Fee.....................................7
